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This entry was published on 2014-09-22
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SECTION 750-F
Licenses; display; renewal; duplicates
General Business (GBS) CHAPTER 20, ARTICLE 35-C
§ 750-f. Licenses; display; renewal; duplicates. 1. All licenses
shall be for a period of two years.

2. No license shall be assignable or transferable except as
hereinafter provided.

3. A license to conduct the business of operating a pet cemetery or
pet crematorium issued to an individual may be assigned or transferred
for the remainder of the license period to a partnership or corporation
if such individual is a member of such partnership or an officer of such
corporation at the time of such assignment or transfer. A license issued
to a partnership may be assigned or transferred for the remainder of the
license period to any one member of such partnership, provided he
obtains the consent of all of the other members of such partnership. A
license issued to a corporation may be assigned or transferred for the
remainder of the license period to any officer of the corporation,
provided he obtains the consent of all of the other officers of such
corporation. The application for such transfer or assignment must be
accompanied by the requirements of section seven hundred fifty-e of this
article and by proof satisfactory to the department that the
requirements herein provided have been complied with. No assignment or
transfer shall become effective unless and until the endorsement has
been made on the face of the license by the department and such license,
so endorsed, has been returned to the assignee or transferee. All such
endorsements shall be made without payment of any fee. A bona fide
purchaser of such business from the holder of the license thereof may
continue to use the license of the seller from the date of the sale,
provided there is endorsed on the face thereof the name of the
purchaser, the date of the sale, and the signature of the seller and the
purchaser; and provided further within five days from the date of the
sale, an application, in accordance with the provisions of this article,
shall be presented by the purchaser to the secretary of state for a
license to conduct the business of operating a pet cemetery or pet
crematorium. Such license shall be valid until the purchaser's license
application is either granted or denied by the secretary of state.

4. A license to conduct the business of operating a pet cemetery or
pet crematorium issued to an individual or to a partnership may be used
after the death of the licensed individual or co-partner by his next of
kin or duly appointed administrator or executor in the name of the
estate from the date of death of such individual or co-partner, provided
that there is endorsed upon the face of the license after the name of
the decedent the word "deceased", the date of death and the name of the
next of kin, administrator or executor under whose authority the license
is being used, provided that within thirty days from the date of death
of the licensee, an application, in accordance with the provisions of
this article, shall be presented by the next of kin, administrator or
executor to the secretary of state for a license to conduct the business
of operating a pet cemetery or pet crematorium. Such license shall be
valid until the next of kin's, administrator's or executor's license
application is either granted or denied by the secretary of state.

5. A license to conduct the business of operating a pet cemetery or
pet crematorium shall be conspicuously posted upon the premises where
the licensee is engaged in the business of operating a pet cemetery or
pet crematorium.

6. Any license which has not been suspended or revoked, may, upon the
payment of the renewal fee prescribed by this article, be renewed for
additional periods of two years from its expiration, upon the filing of
an application for such renewal, on a form to be prescribed by the
secretary of state.

7. Any person failing to file application and fee for renewal of a
license to conduct the business of operating a pet cemetery or pet
crematorium within forty-five days immediately following the expiration
of his or her last license shall pay an additional fee of sixty dollars,
and if he or she fails to file application and fee for renewal within
ninety days he or she shall be ineligible for such license until he or
she shall have again met the requirements set forth in this article.

8. A duplicate license may be issued for one lost, destroyed or
mutilated upon application therefor on a form prescribed by the
secretary of state and the payment of the fee prescribed therefor by
this article. Each such duplicate license shall have the word
"duplicate" stamped across the face thereof and shall bear the same
number as the one it replaces.

9. Notice in writing shall be given the secretary of state within
thirty days at his or her office in Albany by the holder of a license to
conduct the business of operating a pet cemetery or pet crematorium of
any change in address of the business or residence of the person engaged
in the business of operating a pet cemetery or pet crematorium together
with the return of license, whereupon a properly signed endorsement will
be made on the face of the license as to such change and the license
then returned to the licensee. A change of address by a licensee without
such notice and endorsement of license shall operate to cancel the
license.